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Journal : Jurnal Komunikasi Hukum

KAJIAN YURIDIS TERHADAP JUAL BELI PULAU BERDASARKAN HUKUM POSITIF DI INDONESIA I Gusti Bagus Agung Kusuma Atmaja; Ni Nyoman Muryatini; Anak Agung Ayu Meitridwiastiti
Jurnal Komunikasi Hukum Vol 9 No 2 (2023): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v9i2.67608

Abstract

The issues discussed in this study regarding purchasing islands are reviewed from positive laws in Indonesia. The method of research used in this study is normative-juridical. Normatif juridical research examined a code or rule of law as a system building associated with a legal event. The study was conducted with the intent of providing legal arguments asa basis for determining whether an event was right or wrong and how it should be lawful. Studies have shown that until now in Indonesia's positive laws there is no statute of limitation - an invitation that strictly regulates policy on buying and selling islands in Indonesia. Chapter 33 of the 1945 law stipulated that islands were a national asset for the people of Indonesia. Based on a study of the regulations of the law - invitations in Indonesia, both a foreign investor and a foreign corporation could be granted the rights to business, the rights to building and the rights to use for investment in Indonesia. This asserted that foreign citizens could not own land in Indonesia.
EFEKTIVITAS PENEGAKAN HUKUM TERHADAP TINDAKAN MENJUAL BUKU BAJAKAN MELALUI E-MARKETPLACE Ni Nyoman Muryatini; I Gusti Bagus Agung Kusuma Atmaja
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.51182

Abstract

Nowadays, activities of offering, selling, purchasing goods and services have changed along with the rapid development of information technology. These also encourage the changes in people’s behavior and lifestyle. Buying and selling goods and services were previously carried out through conventional markets, but now can be done through online markets, namely through e-marketplaces. Pirated books were widely sold at roadside stalls, but now they are sold through online sites, namely e-marketplaces. Based on the research conducted by the Indonesian Publishers Association (IKAPI), 54.2% of publishers found that pirated books of their work were sold through online markets during the pandemic of COVID-19. The problem studied in this study is the effectiveness of law enforcement against the sale of pirated books through e-marketplace. The research method used in this research is empirical juridical. Empirical juridical research refers to the research that analyzes and examines the workings of law in society. The results of the study indicate that the Copyright Act uses complaint offenses. The law enforcement officers cannot act proactively against copyright infringement. It often happens that the copyright holder does not know his copyrighted work has been pirated. The effectiveness of law enforcement against the sale of pirated books through e-marketplaces in Indonesia is currently not effective. This is shown by the number of cases of selling pirated books on e-marketplaces at this time.